One: Don’t waste time

The right to appeal a decision to revoke, refuse or suspend your taxi or private hire licence is on condition that you lodge the appeal within 21 days of being notified of the decision.  There are very limited grounds for extending this period.

 

Two: Does not have to cost you anything

You can apply for your legal costs to be covered by the other party in the appeal proceedings.  In some cases, the court can award costs where it can be demonstrated that the council acted in bad faith or got the decision wrong.

 

Three: Legal advice is essential

When lodging an appeal and appearing before a court, there are specific procedural rules and formalities that, in some cases, must be followed.  Furthermore, a qualified licensing experts will substantially improve your chances of having the decision overturned.

 

Four: You get a second chance

An appeal hearing is a hearing de novo and civil procedural rules apply.  This means that that the appellate court (Magistrates’ Court) will hear and deal with the appeal afresh or as if the case had not previously been heard nor decided.  The advantage of a hearing de novo is that it gives the appellant second and fresh opportunity to present their case.

 

Five: You are entitled to an explanation

The council that refused, revoked or suspended your taxi or private hire licence must provide you with reasons for the decision.  Common law principles dictate that their reasons must be clear and comprehensive because this will for the basis of the appeal.

 

Six: Defend your reputation

Losing your taxi or private hire licence or having it taken away can cause significant reputational damage to you personally but also your business.  Seeking an appeal can restore your reputation particularly in cased where a decision was wrong.

 

Seven: Poor representation could cost you

Not instructing the right person to represent you from the outset of your appeal (including representation before a licensing committee), can be costly.  Poor representation can lead to unwanted decisions and outcomes which, whist can be overturned on appeal, will incur unnecessary costs and stress.

 

Eight: Nothing will change until the appeal’s determination

In most cases, the decision to revoke, refuse or suspend your taxi or private hire licence will not take effect until the outcome of your appeal has been determined.  This means that you can continue to work until the courts have determined your appeal.

 

Nine: No solicitors necessary

To instruct a specialist taxi licensing barrister, there is no need to initially approach a solicitor.  Taxi Defence Barristers are public access barristers which means you can instruct us directly, saving you time and unnecessary legal costs.

 

Ten: You are in control

When you instruct Taxi Defence Barristers to act for you in relation to your appeal and licence defence, you will always be in control.  We will keep you informed and up to date every step of the way.

 

Stephen McCaffrey

Regulatory defence barrister specialising in taxi and private hire licensing law, appeals and defence.

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